Federal Court of Australia
JUDGMENT No. 29594...
CATCHWORDS
CRIMINAL LAW - murder - provocation - withdrawal by trial judge of provocation from the jury ~ ruling was correct on the evidence
MURDER - provocation - scope of statutory provision in ACT - "ordinary person" test
MURDER - power of the jury to return alternative verdict of manslaughter - trial judge's direction where no evidence to justify verdict of manslaughter
SENTENCING - severity - objective seriousness of the crime - extraordinary subjective circumstances of the accused - extreme remorse
SENTENCING - relevance of accused's state of health - disabilities which render imprisonment more burdensome
Crimes Act 1900, s.13
Lee Chun Chuen v. The Queen [1963] AC 220
The Queen v. Blake (Court of Appeal QLD, unreported, 31 March 1994) Stingel v. The Queen (1990) 171 CLR 312
The Queen v. Brown and Morley [1968] SASR 468
Gammage v. The Queen (1969) 122 CLR 444
Tajber v. The Queen (1986) 13 FCR 524
The Queen v. Birks (1990) 48 A Crim R 385
The Queen v. Knowles [1984] VR 751
R. v. Smith (1986-87) 44 SASR 587
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
ROSS WILLLAM ARROWSMITH v. THE QUEEN
No ACT G40 of 1994
Coram: Black CJ, Gallop and Mathews JJ
Date: 23 December 1994 Canberra
RECEIVED ~5 JAN 1995
FEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. ACT G40 of 1994
DISTRICT REGISTRY
we ee
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: ROSS WILLIAM ARROWSMITH
Appellant AND: THE QUEEN
Respondent
CORAM: Black CJ, Gallop and Matthews JJ.
DATE: 23 December 1994
PLACE: Canberra
MINUTES OF ORDER
THE COURT ORDERS THAT:
(1) The appeal against conviction be dismissed.
(2) The appeal against sentence imposed by the Supreme Court of the Australian Capital Territory be allowed.
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